You may have heard of the terms “common law contract”, “modern award”, “EBA”, “collective agreement”, “enterprise agreement”, “National Employment Standards” to name a few. You may have also heard of Fair Work Australia, the Fair Work Ombudsman and industrial relations commissions as well as the Federal Court, Federal Magistrates Court and state courts. It’s all very confusing.
There is a hierarchy of legal rules and documents to keep in mind when dealing with employment contracts:
- Legislative minimum rights
- Modern awards/enterprise agreements
- Common law contracts and implied terms
- Employer policies and procedures